RAJAMBAL Vs. VEERAAMUTHU UDAYAR

JUDGEMENT

(1.) MOHAN, J.: The plaintiffs are the appellants before us in this appeal, which arises out of O.S.No.221 of 1976, filed before the learned Subordinate Judge of Cudda-iore. The said suit was for partition and separate possession.

(2.) THE plaint averments are as follows: THE, first plaintiff is the second wife of deceased Muthusami Udayar. Plaintiffs 2 to 7 are the sons and daughters of the plaintiff, born through the said Muthusami Udayar. He had a first wife by name Alamelu. Through her, he had the first defendant, son. Defendants 3, 5 and 6 are the sons and daughters of the first defendant. THE 4th defendant is the wife of the first defendant. THE second defendant is the sister of the 1st defendant. THE grandfather of plaintiffs 2 to 7, Poomalai Udayar, owned 2-66 acres of land at Virugavur, He also owned a terraced house, fully described in Schedule B. With the income from the lands Muthu-samy purchased another 6.30 acres, even during the lifetime of Poomalai. After the death of Poomalai, Muthusami inherited the entire property. THErefore, the suit properties are ancestral in character. THE marriage between Muthusamy and first plaintiff took place in the year 1934. Muthusamy, his first wife Alamelu and the first plaintiff were all living together as one family till 1952. However, consequent to certain misunderstandings the first plaintiff shifted her residence to West Street, Virugavur, where she is living till today. Muthusamy used to visit her every day. He was also maintaining the first plaintiff and her children. He acquired about 10 acres of land besides 2 houses at Kallakurichi and three houses at Virugavur. Though the properties have been purchased in the name of defendants 1 to 5, all these belong to joint family. After the death of Muthusamy Udayar, the first defendant began to take an hostile attitude. When the first plaintiff called upon the first defendant to divide the joint family properties through a Pancha-yat, that request was refused. It is under these circumstances the present suit has come to be filed for partition and separate possession of 31/45 share in the suit properties.

(3.) THE written statement of the first defendant was adopted by defendants 2 to 6.